Code of Alabama - Title 45: Local Laws - Section 45-41-141.08 - Payment and collection of financial charges

Section 45-41-141.08 - Payment and collection of financial charges.

(a) Any financial charge levied as provided in Section 45-41-141.03 shall become due and payable on October 1 in the fiscal year of the county next succeeding the fiscal year during and for which such financial charge is so levied and shall become delinquent if not paid before the next succeeding January 1 and otherwise in the same manner as county ad valorem taxes. Each owner shall make report of the unit or units of property owned by him or her to the tax assessor at the time fixed by law for making return of other property of such owner; and any owner whose property is generally exempt from property taxation or who is not otherwise required to make report or return to the tax assessor as aforesaid shall nevertheless at such time make report to the tax assessor of the unit or units of property owned by him or her, all as if such unit or units of property were subject to property taxation. The tax collector shall collect each financial charge in the same manner and under the same requirements and laws as ad valorem taxes of the state are collected, and he or she shall keep the amount separate and apart from all other funds and keep a clear and distinct account thereof, showing what amount is paid, and turn the same over to the treasurer. In no event may the tax collector accept payment of any ad valorem taxes with respect to any unit or units of property from the owner thereof unless such owner, simultaneously therewith, pays the full amount of any financial charge then due and payable by him or her with respect to such unit or units of property; nor may the tax collector accept payment of less than the full amount of such financial charge from any owner who is not then obligated to pay any ad valorem taxes.

(b) From and after the October 1 next preceding the levy of any financial charge pursuant to Section 45-41-141.03, the county shall have a lien on each unit of property for the payment of any such financial charge that may be levied with respect to such unit of property for the then current fiscal year of the county, which lien shall continue until any such financial charge so levied is paid. In case of default in the payment of such financial charge, such unit or units of property may be sold in the same manner and under the same conditions that lands are sold for the satisfaction of liens for county taxes, but nothing herein shall be construed to authorize the sale of any county, municipal, or other property otherwise exempt, under the general laws of the state, from levy and sale under any process or judgment. Such lien shall be subject and subordinate only to any lien or liens on property imposed by law in connection with state or local ad valorem taxes. All provisions of state law with respect to payment and collection of county ad valorem taxes, making returns with respect thereto, penalties for failure to pay such taxes or otherwise to comply with state law respecting county ad valorem taxes, to the extent consistent with this part, shall apply to the financial charges authorized to be levied and collected hereunder.

(Act 89-390, p. 747, §9.)

Last modified: May 3, 2021